LEGAL METHODS COUESEWORK

LEGAL RESEARCH AS A TOPIC

Legal research is the way how lawyers and legal scholars look for information on
matters regarding law.
The following are the subtopics which we shall handle while carrying out legal
research;
 Introduction
 Importance of legal research
 Strategic steps to be taken in carrying out legal research
 Sources of legal research
 Statutes
 How to find law in statutes
 Case law
 Citing case law
 Other sources of legal research
 Challenges faced when carrying out legal research
 Plagiarism
 Social research /research in the field

INTRODUCTION AND IMPORTANCE OF LEGAL RESEARCH

Legal research is a critical component of the legal profession and involves the
systematic investigation of legal principles, precedents, statues, and regulations
to support legal analysis and decision making. it is an essential skill for lawyers,
paralegals, and law students, as well as anyone else involved in the practice of
law. According to Granville Williams, he defined legal research to mean that
lawyers need not to know the law but where to find the law. ‘So a good lawyer is
not the one who knows the law but where to the find the law’.
The purpose of legal research is to find authoritative sources of law and legal
analysis that can be used to advise clients, support legal arguments, prepare legal
documents, and make informed decision. Effective legal research requires a
thorough understanding of the legal system, the ability to locate and analyze
relevant sources, and the skills to apply legal principles to specific factual
situations.
It also helps one who consecutively carries it out to master it which is important
to every lawyer so as to know where to find the law.
It also helps advocates to effectively prepare for their cases. for example, when a
lawyer is given a case by his clients, his supposed to first ask for the time and he
prepares case through making various research about that case, that’s to say, if a
case is about murder, that solicitor is supposed to search for already decided
cases in order to provide good feedback to the court.
Foundation for a good legal advice and provides valuable insights for cases.

STRATEGIC STEPS TO BE TAKEN IN CARRYING OUT LEGAL RESEARCH.

The following are the strategic steps to be taken in when carrying out legal
research;
1. Purpose of legal research: Before a lawyer or law student carries out
legal research, he or she is supposed to give a reason for carrying legal
research.
2. Issue identification: legal research involves identifying the specific legal
issues that need to be addressed. this may involve analyzing the facts of
a case, reviewing client inquiries, or understanding the legal implications
of a particular situation.

3. Source selection: once the legal issues are identified, next step is to
select appropriate sources of law. This can include statutes, regulations,
case law, legal treaties, law review articles, and other forms of legal
authority.

4. Research methodology: Legal researchers must determine the most

effective research methodologies to find relevant legal resources. this
can involve using legal research databases, library resources, online
sources, and other tools to locate pertinent legal information.
 5. Analysis and synthesis: after gathering relevant legal resources,
researchers must carefully analyze and synthesize the information to
form a coherent understanding of the applicable legal principles and
precedents.

6. Technique of legal note taking. While all analysis and synthesis is done, a
lawyer or law student when carrying out legal research, he or she is
supposed to jot down the relevant facts and finding out which law
applicable is available for each.

7. Application: the last or final step in legal research involves applying the
results of the researcher to support legal arguments, make informed
decisions, or provide legal advice to clients.

SOURCES OF LEGAL RESEARCH

The sources of legal research are categorized into two namely; Primary and
Secondary sources.
Primary sources consist of majorly statutes and case law
A statute is a law enacted by Parliament following Article 79 of the 1995
Constitution of Uganda as amended or by a group of individuals with legislative
powers like decrees. Statutes which are passed by the Parliament are called Acts
of Parliament. These Acts and decrees constitute the general scope of statutes
and are referred to as Principle Legislation. Under Principle Legislation, there is
Statutory Legislation which includes; orders, rules, legal notices, and ejusdem
generis. All these are at times called Statutory Instruments. Examples of such
statutes are; The Penal Code Act Cap 120, The Contracts Act 7 2010, The
Homosexuality Act, the Domestic Violence Act, The Children’s Acts. Legal
researchers do their work basing on statutes. These are various ways which can
be done,
 Chapter name; it is important to show the name of the statute.
 Short title; this is a title that defines the act. It is shown on the act for
example judicature act or civil procedure act. The short title can also be
 abbreviated, for example the civil procedure Act may be abbreviated as
CPA.
 Commencement date, this is the date the statute came into force.
 Long title; indicates the purpose of the statutes and its importance in a
particular social, political, or economic structure. This implies that a long
title gives what the act is intended to do. This may be long term or
sometimes maybe not be achieved example assuming the Natural
Resources Act.

 Arrangement of sections; this is ideologically the table of content of the

Act.it is a summary of all the sections of the Act together with the
schedules annexed .in the sections, they are numbered dealing with specific
rule of law for example section 2 of the Contract Act 2010 provides for
Interpretation of words used in the Act. This can be cited as the Contract
Act 2010 depending on the statute.

When one is searching through a statute it is advised to go through this

section and see what sections are relevant to what he or she is searching
for. If he or she fails to find the section or the legal principle, they are
looking for in the arrangement of sections part, it implies that the statute is
not appropriate for his or her search.

 Headings; these summaries what the parts of the sections that underlie
them are all about. Therefore, it is easier to get information that is required
from the statute.

 Marginal notes; are notes which are inserted at the side of the sections of
the Act and express the effect of the sections.
 Schedule; this is a written list of details attached at the end of the statute.

Case law on the other are decided cases or judge made laws which consist
of; the name of the case, citation of the case, date of decision,catch words
or key words, head notes such as summary of court decisions, advocates
who represented, marginal letter basically used in the purposes of checking
reference, decision of court, order of court. Case law is found in Weekly
 Law Reports, All England Law Reports, Law Times Reports, Law Journal
Reports, East African Law Reports among others. Case Law can be cited as
follows; case name, the year, report volume, reporter abbreviation page
number. For example; let’s see the case of ATTORNEY GENERAL V
ANYANG’ NYONG’O AND OTHERS [2007] 1 EA (EACJ).
Other examples of primary sources of legal research include, treaties,
regulations, and constitutions among others. With Primary Sources,
researchers tend to use raw information and firsthand evidence while with
Secondary Sources on the other hand constitute secondhand information
and commentaries made by other researchers.
lawyers or law students quick feedback.
Secondary sources of Legal Research include;
Legal journals; these are academic documents on several subjects of law and they
can also be used as sources of information during the process of legal research.
Textbooks; there are authoritative books for example K.MAKUBUYA, CAP
12,G.WILLIAMS CAP 12
Dissertation; This is having idea about something. These are research papers
made by students who are completing degree masters and others.
Internet sources; these are modern forms of legal research. However, some
factors have to be considered when using internet sources, that’s to say,
Authority should be analyzed.
Information from internet must be accurate.
Stability of website that’s to say is owned by individuals or an institution.
Whether the current information is the one is posted
Examples of internet database includes, ULLI, SAFLI, BALI and others
Customs Law rules and rights can be relied on in legal research since form
customary law. Section 15 of the judicature act provides for customary law to be
observed by High Court provided it is not repugnant to natural laws and any laws
and principles of natural justice.
Law dictionaries, these give different meanings to legal words and they are useful
in legal research. For example, Osborn’s Conscience Law dictionary and others.
This secondary source of legal research is the most appropriate source of second
source of information which gives

STATUTES.
In legal terms statutes refers to law enacted by legislative bodies, such as
parliaments or congresses. Statutes can cover a wide range of subjects including
criminal law, contract law, family law and more. They are often written in a formal
and precise manner to provide clarity and consistency in their interpretation and
application.1
Statutes which are passed by parliament are called Acts of Parliament. These Acts
and Decrees constitute the general scope of statutes and are referred to as
Principal Legislation. Under a principal legislation, there is a statutory legislation
which includes orders, rules, legal notices, and ejusdem generis. All these
combined are at times called statutory instruments.2
Statutes typically go through an extensive legislative process before becoming
law. This process may involve drafting, committee review, public hearings, and
voting by the legislative body. Once enacted, statutes become legally binding and
have force of law. They serve as a primary source of law and provide a framework
for judges, lawyers, and individuals to understand their rights, obligations, and
potential legal consequences, Art(91) of the constitution 1995 as amended. 3
It’s important for law students to study statutes thoroughly, as they provide the
foundation of legal principles and guidelines. Understanding statutes and their
interpretation through case law is crucial for analyzing legal issues, conducting
legal research, and staying updated with new statutes and amendments is
essential to practicing law effectively.4
Some key statutes in Uganda include;

1
Google.com
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Ms. Wahab Amina’s text book
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wikipedia
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The constitution. This is the supreme law of the land and provides the framework
for governance, fundamental rights and freedoms, the structure of government,
and the duties and responsibilities of citizens.5
The penal code Act. These statutes define criminal offences and describe
penalties for various crimes committed in Uganda. 6
The Civil Procedures Act. This statute govern the procedures and processes to be
followed in civil litigation, including rules related to fulfilling lawsuits, evidence,
and judgements.7
The Land Act. This legislation outlines the legal framework for the ownership,
registration, and management of land in Uganda.8
The Companies Act. This statute regulates the formation, operation, and
dissolution of companies in Uganda.9
The Tax Laws. Uganda has various tax statutes, including Income Tax Act, Value
Added Tax Act, and Exercise Duty Act, which provide the legal basis for taxation in
the country. 10
Article 91 of the constitution of Uganda 1995 as amended (exercise of legislative
powers) provide on how statutes are made from passing a bill on the floor of the
parliament, discussion, votings, making provisions up to the last stage when the
president assent to the bill and the bill becomes a law and published in the
Gazatte.

HOW TO FIND LAW IN STATUTES/LEGISLATION.

According to Granville Williams, statutes are cited by the short
title, (which includes the calendar year) the regnal year or years and the

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chapter. Two regnal year are given when the session of parliament in
which the statute was passed did not fall within a single year11
The following are the ways to find specific laws within statutes;
 Identify the relevant jurisdiction: Determine the country or state whose
laws you are researching. It could be a particular act, ordinance, or
regulation related to your topic of interest. Different jurisdictions have
different statutes.12
 Headings. Headings summarize what the parts of the section that underline
them are all about. In this regard it is easier to get information that is
required from the statute.13
 Arrangement of sections.
This is ideologically the table of contents of the Act. It is a summary of all
the sections of the Act together with the schedules annexed. In the
sections, they are numbered dealing with specific rule of law. For example,
section 1 provides for the short tittle of the Act. It may statute. ‘ This act
may be cited as the Natural Resource Act depending on the statute. Section
2, will then set out interpretation section. This gives out the meaning of
words used in the statute. For instance, in this Act ‘a commissioner’ means
an Advocate of the High court of any of the East African countries. And so
on and so forth.14
 The commencement date. This is the date when the statutes becomes
operational as law and binding on all citizens. The importance of the
commencement date is that it avoids retrospectivity, therefore one cannot
be held liable for commission or omission of any act before the
commencement date unless expressly stated otherwise.

 Locate the statute collection. Most jurisdictions have official websites or

publications where their statutes are available. Visit the official website or
access a reputable legal database that provides access to the statute for
example the official website of the parliament of Uganda at
https://www.parliament.go.ug/ for up – to date and accurate information
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Justia.com
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Ms.wahab text book of legal method
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Ms. Wahab textbook of legal method
 on legislation. Alternatively, you can visit the Uganda legal information
institute (ULII) website at https://ulii.org/ for a comprehensive collection of
Uganda legal materials.15

 Search the legislation database. On the parliament of Uganda website,

navigate to the “legislation or Acts” section. Use the search bar to enter
keywords related to the law you’re seeking. On the ULII website, use their
search function to locate the specific statute. 16

 Identify the statute. Once you have found the relevant statute collection,
navigate to the appropriate section or chapter that corresponds to your
topic of interest. Statutes are often organized by subject matter or topic. 17

 Read the statute. Carefully read the language of the statute. It will consist
of sections, subsections, and paragraphs. Pay attention to any definitions,
general provisions, and specific rules or requirements outlined in the
statute.18
 Note any Cross – references. Statutes may refer to other statutes or
sections within the same statute. It’s important to follow these cross –
references to gain a comprehensive understanding of the law. 19

 Consider case law. In addition to statutes, court decisions and legal

precedents play a significant role in interpreting and applying the law. If
you are researching a specific legal issue, it may be helpful to review
relevant case law that has interpreted the statutes you are studying. 20

 Seek legal guidance if needed. If you are having difficulty understanding or

interpreting the statutes, it is advisable to consult with legal professional,
such as an attorney or legal researcher. They can provide further guidance
based on their expertise and experience.21
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Law techer.com
  Analyze amendments and updates; legislation can be subject to
amendments and updates over time. Make sure to review any subsequent
amendments or revisions to ensure you have the most current version of
the law.22

 Short title. This is a title that defines the Act. It is shown on the Act, for
example, the judicature act or the civil procedure Act. The short title can
also be abbreviated, for instance, the civil procedure act may be
abbreviated as CPA.23

 Schedule. This is a written list of details attached at the end of the statute.
Schedules may also be divided into paragraphs. When referring a schedule
one should state the specific schedule and the paragraph of the schedule. 24

CHALLENGES FACED WHEN CARRYING OUT LEGAL

RESEARCH.
Wrong interpretation. For instance, most legal researchers tend to
misinterpret issues at stake which makes it irrelevant to the current
issue and affect the effectiveness of research25
Changes made in the law of a particular state or country. For instance,
spilt in conflicting decision make it difficult to legal researcher to reach
22
Law point uganda
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24
Ms. Wahab textbook of legal method
25
www Wikipedia.com
an appropriate conclusion because the most significant stage for legal
research begins with the beginning of a case and legal doctrines and
examples that may apply which shape the strategy of presenting the
case26 for example, in Uganda v kushemerera27,the learned judge said
that rape ceased to apply to girls in 1990 and was replaced with
provisions of defilement
researcher’s ability to analyze the matter found during the process of research.
It There is a difficulty in finding the right law. This is because it depends on the
one’s commitment in order to develop ones researching skills as well as patience
and a yearning to learn28.
The need for accurate and current data has proven to be another problem faced
by legal researchers to the research process. This is because Researchers are
expected to acquire new skills so as to keep the pace with the changes 29
Incomplete reporting of cases. East African case reporting has always been
selective and never comprehensive whereas the unreported cases are good
precedents if they are called to the attention of the court 30.
The delay in publication. For example, legislative and important administrative
materials are generally available very rapidly with the respective gazettes.
However, the same cannot be said for materials which are not with the gazette
31
nor indexes to legislative and administrative materials. Due to tardiness in the
preparation of indexes they are many times when the only way work can be
brought to date is by thumbing through several years’ accumulation of principal
and subsidiary legislation32.
The delay in relation to case reporting. For instance, the Eastern Africa law report
available in East Africa are usually twelve 12) to eighteen months (18) behind the
date of decision33.
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Criminal Court No65 0f 2015
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Introduction to law the Uganda Case Chapter twelve by Khiddu Makubuya
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The incorporation of foreign law. Many of the Acts of East African legislatures are
almost identical in whole or part to corresponding English legislation. In such
cases, the English or other foreign judicial decisions play an important role in the
development of East African law hence only by referring extensively to those
decisions can research be carried out with any degree of thoroughness 34.
Effective date of legislation. For instance it is not uncommon for East African
legislatures to leave some executive or administrative officials the task of
declaring the effective date of a statute the legislation is never the less published
although not yet in effect35.
Law sources are scarce.36
Legal research is expensive.37
Legal research consumes time during the research process. 38
Plagiarism. This is the process of using someone else work without permission or
using someone’s work without acknowledging the author. According to the “W
ebster’s Dictionary” plagiarist is defined as one who plagiarizes, or purloins the
words, writing ideas of another, and passes them off as his own; a literary thief. 39

CASE LAW40
Case law is defined as the law based on precedents. That is to say the judicial
decision from previous cases rather than the law from constitutions, statutes or
regulations. Case law was the detailed facts of a legal case that have been
resolved by courts or similar tribunals. Therefore,these past decisions are called
“case law” or precedent.

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Stare decisis is a Latin phrase meaning “let the case stand” this principle is one
which judges are bound to past decision drawing on established judicial authority
to formulate their positions.
These judicial interpretation, are distinguished from statutory law which are
established by executive agencies based on statutes. In some jurisdictions, case
law can be applied to adjudication for example criminal proceedings or family law.

SOURCES OF CASE LAW41

Case law can be found in various reports or volumes of books for example the
weekly law reports. All England law reports, law times reports, law journal
reports, East African law reports, East African law journals, the High court
bulletins, Kenya law reports, East African court of appeal, Tanzania law reports
(TLR)

CITATION OF CASE LAW 42

Citation is defined as a reference to a specific legal source such as a constitution,
statute, reported case, treaties or law review articles.
The official report of a particular court is called the official citation. The official
report are published by the publisher with whom that court has contracted to
publish its cases. The citation given after the official citation are known as
unofficial or parallel citations. The text of the opinion whether official or unofficial
is the same in all sources.
A case citation will typically have the following constituents.
 Case name, here one will be required to cite the official listed part on each
side of the parties to the case.
 Year. The year in which the case was reported is also very essential when
citing case law.
 The reporter volume number
 Report abbreviation. Here reference is made to name of the reporter set in
which the case can be found for example, KB, QB, EA, ALLER and others.
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  Page number. This is the reference made to the initial page number of the
opinion that was delivered.

ELEMENTS / COMPONENTS OF CASE LAW.43

A result oriented researcher must fully acquire himself or herself with these parts
to enable them understand case law; these elements mostly contain the name of
the case, citation of the case, catch words, the cases referred to and the decision
of the court and sometimes the codes used by the court. The following is a
detailed decision of components of case law;44
 Name of the case:
This is where we find the names of the parties to the case. There will
be a difference in naming of the cases when it comes to the divisions
of criminal and civil cases. For instance, if the case is of criminal
nature, the names of the parties will appear as; for example Uganda
V Dr.Aggrey kiyinji and 2ors where Uganda is on the prosecutor’s
side and Dr. kinyinji the accused . while if the case is of civil division
nature, it will be like Namakula Sandra v Opio Martin (plaintiff v
defendant) / (appellant v respondent)45

 The citation of the case;

As observed above, the citation of the case is very important in any
meaningful result oriented legal research. The citation shows the
case name number, reporter volume number, reporter abbreviation,
and page number for example Carlill v Carbolic smoke Ball company
Ltd (1893) 1 QB No. 25646
 The court which heard the case.
The court in which the case was decided is normally shown in order
to know which courts are bound by the decision. In the same breath
the who decided the case will also be shown in the law report. 47

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  Date of the decision; 48
The date of the decision is very paramount because it affects the
weight attached to the case. It is very correct to say that a recent
case has more weight than old decision on that same matter arising
out of similar material facts.

 Catch words or Key words.

These are basically topic terms that describe the case. In some law
reports, these catch words are present while others don’t have them.
These catch words are important as they describe the case, making it
is easier to know what the case is all about. Catch words are normally
italicized.49

 Head note.
They are a summary of an expert on the material facts of the case and
the decision of the court. They are written by an editor and therefore
one should not rely on them as they are just valuable in finding the
relevant.

 Summary of the case.

This contains the history of the case showing a chronological pattern
on how the case has been evolved from the day it was instituted. If
one is aware of history, it will be much easier for them to appreciate
the issues essential. The historical summary of the case is also
important because the decision of the court is based on that. 50

 Advocates who represented the parties. 51

Important elements of the case law are the names of the advocates who
represented the parties, though not mandatory and not significant to the
decision of the court, for purpose of record, the name are included. 52

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  Marginal letters.
You will notice that in some law reports, these are letters at the margins of
each page. The letters are used for purpose of quick reference to any
specific part of the case. This simplifies the process of research.53

 Decision of the court

In any case, the court reaches a final decision on the issue deliberately on
both parties. The law report will include a summary of the arguments of the
judges and their decisions. Regardless on the numbers of judges presiding
over the case, all the decisions made by each one of them will be included
in the law report. 54

 Orders used by the court.

These orders given by court are last part of the law report. It specifically
states the orders court awards to one party against the adverse partly for
instance on order of specific performance in cases where the case was of
contract, an order of injunction, judicial review orders. 55

PLAGIARISM
This refers to the act of presenting someone’s else work, ideas, or expressions as
your own without giving proper credit or obtaining permission. It is considered an
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offence that involves violates intellectual property rights. It can involve copying
and pasting text, paraphrasing without attribution, or using someone’s else ideas
or creation without acknowledgement.
CAUSES OF PLAGIARISM.56
 Lack of knowledge or understanding: some individuals may not be aware of
what constitutes plagiarism or how to properly cite and attribute sources.
This may lead to unintentional plagiarism.57
 Pressure to succeed. In competitive academic or professional
environments, individuals may feel immense pressure to achieve high
grades or meet deadlines. This pressure can lead them to plagiarize in an
attempt to gain an advantage.58
 Laziness or lack of effort. Some individuals may be simply be unwilling to
put in effort required to conduct thorough research and write original
content. They may choose to plagiarize to take shortcut instead. 59
 Fear of failure. The fear of failure or receiving poor evaluation can drive
individuals to plagiarizing. They may believe that it will increase their
chances of success or avoid negative consequences.60
 Availability of online resources. The ease of access to online information
and resources has made it easier for individuals to copy and paste without
proper citation. This convenience can contribute to plagiarism. 61
In some jurisdiction plagiarism can result in legal consequences, including civil law
suits or academic penalties. It is important to respect copyright laws and provide
proper attribution to the original authors or creators when using their work.
PENALTIES FOR PRACTICING PLAGIARISM62
Academic consequences. In educational settings, it can result it severe academic
penalties like, failing grades on assignments, exams or even the entire course. In
some cases, it may lead to expulsion from institution.63
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Legal consequences. It can have legal implications, especially if the plagiarized
work is protected by copy right laws. Copyright holders have the right to take
legal action, which may result in financial penalties such as fines or damages and
even injunctions to prevent further use or distribution of work. 64
Reputation damage.it can have long – lasting impact on one’s reputation, both
personally and professionally. It can damage the trust and credibility of an
individual or organization, leading to negative consequences in various aspects of
life.
HOW TO AVOID PLAGIARISM.
 Acknowledging sources.65
 Seek advise were unsure.66
 Having a bibliography. 67
 Try to formulate your own words 68
 Try to come up with your own ideas.69

SOCIAL RESEARCH / RESEARCH IN THE FIELD

Social research also known as research in the field, is a systematic
investigation conducted to generate knowledge and understanding of social
phenomena. It involves the collection, analysis, and interpretation of data to
address research questions or test hypotheses related to human behavior, social
interactions, and social issues.
Social research in the field of law involves the study of legal systems, their impact
on the society, and the behavior of individuals and institutions within these
systems. It aims to understand the social, political, and economic factors that
influence the development, implementation, and effectiveness of laws and legal
processes. Some areas of social research in law include the following;
 Legal Theory and jurisprudence. This involves examining the philosophical
foundations of law, legal reasoning, and the interpretation of legal texts.

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  Legal history. This branch focuses on researching past legal systems, their
evolution and their impact on society.

 Legal sociology. This field explores the social dynamics, power structures
and social consequences of law and legal institutions. It may study topics
such as access to justice, inequality and the role of law in shaping society.

 Legal Anthropology. This area examines how law operates in different

cultural contexts and its intersection with social norms and customs.

 Legal psychology. This branch investigates the psychological processes

underlying legal decision – making, witness testimony, jury behavior, and
the effectiveness of legal interventions.

 Law and Economics. This interdisciplinary field analyzes the economic

consequences of legal rules and institutions, such the impact of laws on
market outcomes, incentives, and behavior.

 Empirical Legal Studies. This involves the use of quantitative and qualitative
research methods to study various aspects of law, such as the effectiveness
of legal reforms, the behavior of legal actors or the impact of legal
decisions. Social research in the field of law is crucial for understanding the
complex interactions between law and society, shaping legal reform and
informing evidence – based policymaking.
Research is about knowing things but not necessarily what we know but how we
know them. For example, sometimes we claim to know because we have been
told since childhood that this is the truth and so we believe them without
questioning. Therefore most of the things we know may be matter of agreement
and beliefs and the big part our growing up in society is a process of learning to
accept what everybody around you knows is so. Certain things we may know
through traditions whereas others from experts or knowing through observation
by seeing, touching, testing and others.
However, there are situations when we encounter some contradictions to the
extent that we start to put whatever we believed as true into question. This is a
opinion of confusion, where one may seek to find out what actually is the correct
thing to believe in attempting to clear the confusion, one starts to think about the
best ways to find the answer and one begins to research about it to clear
confusion.

C.C Crawford research definition states that; Research simply a systematic and
refined technique of thinking, employing specialized tools, instruments and
procedures in order to obtain a mare adequate solution of a problem than would
be possible under ordinary means. It starts with a problem, collects data or facts,
analyses these critically based decisions actual evidence. it involves original work
instead of mere exercise of personal opinion, it is quantitative seeking to know
not only what but much and measurement is therefore a central feature of it. 70
Field research is a quantitative method of data collection aimed at understanding,
observing and interacting with people in their natural settings. In the context of
research, observation is more than just looking – it involves looking in planned
and strategic way with a purpose. (palys and Atchison, 2014, p.189).
As such, when social scientists talk about being in “the field”, they are talking
about being out in the real world and involved in the every day lives of the people
they are struggling.71
Legal research may entail appreciating the law and its relationship with the
society or rather its vast effect on communities for instance on matters of health,
the environment, social set up of communities morals and other factors. That is
why students of law or scholars engage in field research but mostly it may be a
requirement for completion of under graduate or post graduate studies. It could
also be a process of law reform and of legislations.
RESEARCH PROBLEM.
Research problem is a statement about an area of concern, a condition to be
improved, a difficulty to be eliminated or troubling question that exits in scholarly
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literature in theory or in practice that points for the need for meaningful
understanding and deliberate investigation.
Before one engages in the field research, it is important to choose a research
problem by a student which he/she wishes to investigate and analyze. A topic is
identified from which the research problem is obtained.
When writing a research problem statement, observe the following;
 Identify the area of interest
 Define the specific problem
 Explain the significance of the problem that is to say provide context for the
problem by explaining why it is important to study and what gap in current
knowledge or understanding if fills.

 Provide a clear and concise statement. State the problem in a clear ad

concise manner, meaning sure to use language that is easily understood by
your intended audience.

 Use scientific and objective tone. The problem statement should be written
in a neutral and objective tone, avoiding any subjective language and
personal bias.
After the topic and the research problem, a student formulates the objective of
the research and the research questions that will enable a student solve the
research problem.72
METHODOLOGY
A methodology is an approach that the researcher uses as a basis for his/her
research and it could be qualitative or quantitative.
Qualitative research is one which provides insights and understanding of the
problem setting. It is an unstructured exploratory research method that studies
slight complex phenomenal that are impossible to clarify/ elucidate with
quantitative research.

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Qualitative research is used to gain an in depth understanding of human behavior,
experience, attitudes, intentions and motivations on the basis of observation and
interpretation to find out the way people think and feel. Therefore quantitative
research include direct observation, limited participation, analysis of documents
and other information, formal interviews, surveys on the other hand.
Quantitative research is a form of research which lies on methods of natural
sciences which provides numerical data and hard facts. It aims at establishing
cause and effect relationship between two variables by using mathematical,
computational and statistical methods.
Quantitative research helps to qualify data and generalize results from a sample
to the population of interest. It also help to measure incidence of various views
and opinion in a chosen sample, usually a large number of the population of
interest. Therefore, quantitative research involves taking information about
cases and courts translating that information into numbers, and then analyzing
those numbers with statistical tools.
RESEARCH PROPOSAL.
A research is an overall plan, scheme, structure and strategy designed to obtain
answers to the research questions or problems that constitute your research
project.
Therefore, a researcher proposal is a document that provides a detailed
explanation of the topic, basic assumptions and research questions and the
methodology the researcher intends to use.
A proposal should have a preamble. This gives an over view to the main areas
under the study, a historical perspective relevant to the study, ideological issues
relating to the topic and others.73
RESEARCH DESIGN.
Research design also known as the research plan, fund a mentally means that part
whose researchers prepare themselves for the research. It is an integral part of
social research since it entails decision making on the method to be used whether

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qualitative or quantitative, the instruments to be used include the interview
guides, question and others.
RESEARCH METHODS.
Research method is the tool that the researcher uses to obtain data. Research
methods can be qualitative and quantitative method of data collection.
Experiment this is used in quantitative studies especially in the natural science
based disciplines from these disciplines, the method was adopted by
psychologists
Experimental method generally seek causation of events, that is cause and effect.
Questionnaire. This is commonly used in social science studies, it is the main
method in survey. It may include self - administered questionnaire or interviews –
schedule.
OBSERVATION
This is one of the ways to collect primary data. Observation entails gathering data
through vision as its main source, in observing method subjects are not always
aware that they are being observed and the subject of study in general. Subjects
usually change their behaviors when they know that they are being observed,
researchers may take measures to prevent them realizing that they are being
studied and hence eliminate the effect of reactivity.
FIELD WORK AND COLLECTING DATA
This is the most important stage of social research. After ascertaining all
preparations, the researcher proceeds to the field to collect his/her data by
observing and asking the target audiences questions. The researcher is expected
to interact with his/her supervisor or who will check the data validity, the
researcher will have a time table that guides him/her on what to do each stage.
One should review and organize their findings every after one or two days.
ANALYSIS
The raw data has to be put has to put to the analysis so as to reflect the direction
and trend. Analysis happens before interpretation, there is no clear cut
demarcation between the two as analysis is not complete without interpretation
and interpretation cannot proceed analysis.
Analysis involves process like classification and categorization, coding (assigning
symbols or numerical to every class so that it can counted or tabulated), rows and
columns this can show relationship between variables and also facilitate
compulsion
In legal research cases are also available to be analyzed however, with a caution
that two different set of facts can lead to different outcomes, or may be the
reason that an earlier case law can be distinguished on the basis of question of
law raised.
WRITING THE RESEARCH PAPER.
The findings are put together in a research paper, an analysis of previous
academic writings on the topic under review is made. It is advisable that the
analysis and review of the law on various subjects should be concluded, the
research paper also contains problems under investigation.
The research paper to be complete must have a bibliography and the researcher
should ensure that the language used in the paper is clear, concise and un
ambiguous.

In conclusion, legal research is a systematic understanding of the law with a view

of its advancement. They are very important to the people and society. For
instance they involve the study of legal systems, their impact on society and the
behavior of individuals and institution and also aims to understand the social,
political, and economic factors that influence the development, implementation,
and effectiveness of laws and legal processes. Whereas if not done can result into
many problems as we have seen and discussed in our analysis above. 74

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